California Sportfishing Protection Alliance v. Mineral Resources, LLC et al

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 7/3/19 ORDERING that Plaintiff California Sportfishing Protection Alliance claims against Defendant Chris Van Veldhuizen, as set forth in CSPA's CWA 60-Day Notice Letter and Complaint, are hereby dismissed with prejudice, each side to bear their own attorney fees and costs. (Kaminski, H)

1
2
3
4
5
6
7

ANDREW L. PACKARD (State Bar No. 168690)
WILLIAM N. CARLON (State Bar No. 305739)
Law Offices of Andrew L. Packard
245 Kentucky Street, Suite B3
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE,
Plaintiff,

12
13
14
15
16

v.
MINERAL RESOURCES, LLC, MRLLC
INVESTORS, L.P., AND CHRIS VAN
VELDHUIZEN,

Case No: 2:18-cv-01717-JAM-KJN
STIPULATION TO DISMISS CLAIMS
AGAINST CHRIS VAN VELDHUIZEN
WITH PREJUDICE;
ORDER GRANTING DISMISSAL WITH
PREJUDICE [FRCP 41(a)(2)]

Defendants.

17
18
19

Plaintiff California Sportfishing Protection Alliance (“CSPA”) and Defendants Mineral

20

Resources, LLC, MRLLC Investors, L.P., and Chris Van Veldhuizen (“Mineral Resources”) in

21

the above-captioned action, stipulate as follows:

22

WHEREAS, on or about April 13, 2018, CSPA provided Mineral Resources with a Notice

23

of Violations and Intent to File Suit (“CWA 60-Day Notice Letter”) under Section 505 of the

24

Federal Water Pollution Control Act (“Act” or “Clean Water Act”), 33 U.S.C. § 1365;

25

WHEREAS, on June 13, 2018, CSPA filed its Complaint against Mineral Resources in

26

this Court and said Complaint incorporated by reference all of the allegations contained in

27

CSPA’s CWA 60-Day Notice Letter;

28

WHEREAS, CSPA and Mineral Resources, through their authorized representatives and
-1Stipulation and Order Re Dismissal

Case No: 2:18-cv-01717-JAM-KJN

1
2

without either adjudication of CSPA’s claims or admission by Mineral Resources of any alleged
violation or other wrongdoing, have chosen to resolve in full by way of consent judgment the

3

allegations of CSPA as set forth in CSPA’s CWA 60-Day Notice Letter and Complaint, thereby

4

avoiding the costs and uncertainties of further litigation. A copy of the Parties’ proposed consent

5

judgment (“Consent Judgment”) entered into by and between CSPA and Mineral Resources is

6

attached hereto as Exhibit A and incorporated by reference;

7

WHEREAS, CSPA has submitted the Consent Judgment via certified mail, return receipt

8

requested, to the U.S. EPA and the U.S. Department of Justice and the U.S. Department of Justice

9

has not opposed the Consent Judgment.

10

NOW THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the

11

Parties that the 45-day agency review period has ended, and no objections have been raised by the

12

U.S. EPA nor the U.S. Department of Justice, and that the Consent Judgment be executed and

13

entered by the Court. The Parties respectfully request that this Court execute and enter the

14

attached Consent Judgment.

15

IT IS HEREBY STIPULATED and agreed to by and between the Parties that CSPA’s

16

claims with regard to Chris Van Veldhuizen only, as set forth in its CWA 60-Day Notice Letter

17

and Complaint, be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2).

18

The Parties respectfully request an order from this Court dismissing such claims with regard to

19

Mr. Van Veldhuizen with prejudice.

20

Dated: June 18, 2019

21

LAW OFFICES OF ANDREW L. PACKARD

22

By: /s/ William N. Carlon
William N. Carlon
Attorneys for Plaintiff
California Sportfishing Protection Alliance

23
24
25

Respectfully submitted,

Dated: June 18, 2019

26

BURTONS RICHARDS & SWETT, P.C.
By: /s/ Thomas M. Swett
Thomas M. Swett
Attorneys for Defendants
Mineral Resources, LLC, MRLLC Investors, L.P., and
Chris Van Veldhuizen

27
28

-2Stipulation and Order Re Dismissal

Case No: 2:18-cv-01717-JAM-KJN

1

ORDER

2

Good cause appearing, and the Parties having stipulated and agreed,

3

IT IS HEREBY ORDERED that Plaintiff California Sportfishing Protection Alliance

4

claims against Defendant Chris Van Veldhuizen, as set forth in CSPA’s CWA 60-Day Notice

5

Letter and Complaint, are hereby dismissed with prejudice, each side to bear their own attorney

6

fees and costs.

7
8
9

IT IS SO ORDERED.
Dated: July 3, 2019

10
cspa.1717
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3Stipulation and Order Re Dismissal

Case No: 2:18-cv-01717-JAM-KJN